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Posted on 04/07/2007 3:14:35 PM PDT by mom4kittys
Thread Number 3
How unusual. IIRC that is precisely what HKS said about his representation of ANS in Seidlin's court. How on earth, do you think he was intending on making a living?
Several postings back, I posted some information from Factweb.net., and you said the same thing about that website. For all I know, you may be 100% correct, so I am not disputing your word. I would like to know the source for all the anti-Marshall information. You say you do not support ANS, and I believe you, but is there some reason that you dislike the Marshall family so intensely?
“However, no one has a true valuation of the private Kock Industries stock....”
I’ll have to say in light of this statement, that it shocked me to read about HKS ‘stealing’ the financial documents of Pierce Marshall off the defense table in the courtroom!! I was thinking....’HELL, HKS has balls after all’!! What NERVE!! And, I must admit, that if I was on ANS’s side of the courtroom, I would have considered that a ‘coup’, BigTime! Especially since he OBVIOUSLY knew that the Texas Court could do NOTHING to him, since he isn’t a member of the Texas Bar! I absolutely do NOT agree with his tactics, BUT I also believe that the RICH should be held accountable to the same things the rest of us are....
The first time I looked up Hot Smoochie on the Calif. state website, it said Hot Smoochie was suspended in 2002. I may be wrong on the year, but we covered it here a long while back. More recently, Hot Smoochie was listed as active, with someone else’s name there. That’s all I or anybody knows thus far. Never heard of the guy. I have no idea if it’s now a completely different company having nothing whatsoever to do with ANS or Howard.
I really, really don’t know a whole lot about corporations; I understood that when the owner and majority shareholder (if there are any shares) dies, assets are frozen until probate is completed. If there are bills that must be paid, I assume (maybe wrongly) that executor of that person’s will pays the bills and taxes. I believe a legal order can be given that allows the executor to pay bills prior to probate. Others here may well know a whole lot more than I about this stuff. I suppose there are ways to skim money or assets in a situation such as this, but I’d think it might be kind of hard to do so. Anyway, all this will be gone over thoroughly when probate proceeds. Howard was listed as a process server of the corp. if I recall, and process servers of corporations have little clout as to corporate decisions.
Remember, that the tortious interference claim came about because while Smith was in the CA Bankruptcy Court, E. Pierce Marshall joined there to keep her from skipping out on a defamation suit he was planning on filing against her. Being joined to the Bankruptcy proceeding would guarantee him payment in the event she lost the defamation suit.
That's when Smith accused Pierce of tortiously interferring in her probate contest. The Bankruptcy Judge agreed and awarded her $447M (which is really a probate issue, get it?). Pierce appealed to the higher Federal District court and they lowered it to $88M. The 9th Circuit Court of Appeals stepped in and said no, Federal court has no jurisdiction over the probate court.
The US Supreme Court says that the Federal Court has jurisdiction, but only with regard to tortious interference. In other words, the two issues need to be separated; tort vs. probate -- then settle it from there.
In the upcoming months, (probably longer now because Smith is dead and there was a delay after E. Pierce Marshall's death due to adminstration), the 9th Circuit has to ultimately decide whether the tortious interference claim is valid or let the Texas probate court ruling stand in its entirety, or decide that the probate court erred and award her $88M. But they are separate issues. Convoluted, but separate as far as the Constitution is concerned.
New briefs were already requested. Responding briefs will surely follow. They could drag it out again with another appeal to the US Supreme Court. The Marshall family, post E. Pierce's death, has vowed to follow Pierce's stead. There's no end in sight. Experts forecast that Dannielynn would be able to handle it herself at the rate they are going.
Damn, I sure hope I got all that right. Too many courts, laws and amounts to remember here. ;0)
I agree with you, but if I saw someone ‘stealing’ my child’s money, and then my child died and left an infant, I would step in and try to STOP that person from stealing from my grandchild!!
I’m getting in way over my head, but what I understand is, no, he doesn’t get the moo-la. Any active corp. that was Anna’s and all of it’s assets, house included, go right to her estate, which DL will inherit, minus all the taxes owed, legal bills, other outstanding bills. Anna would have had to have named Howard as a beneficiary in her will, which she didn’t.
“I agree with you, but if I saw someone ‘stealing’ my child’s money, and then my child died and left an infant, I would step in and try to STOP that person from stealing from my grandchild!!”
Yes, I agree with you. I didn’t like when HKS had Dannielynn either, and now that Larry has been determined the father, I’m all for him have FULL custody of the baby.
Correct. Half was punitive damages, the other half was compensatory damages in the opinion given by Judge Carter. That opinion was overruled because the 9th Circuit Court saw Smith as trying to litigate twice regarding basically, the same probate contest issue.
It’s interesting to me that not one person that I’m aware of, whether it be Virgie or any of her family or Larry or anyone else, has ever said that either Daniel contacted her or vice versa during the period he was not living with Anna. Doesn’t mean that there WAS no contact, but I would have thought we’d have heard at least a peep about it if there had been.
LOL!! Well, we will hear about it!! Exactly when HKS gets his way and gets rid of Virgie...THAT is when we will hear about it....right after Ron Rales goes into the CA Probate Court! I just hope that even if Virgie is BACK IN TEXAS (like HKS wants) that the CA Probate Court THROWS that BS WILL out, so Rales and HKS are stopped in their tracks!!!
I guess the question is, WHOSE POCKETS???
I agree. Here’s another interesting thing: this example shows the way assets can be drained from companies, so in theory, one could speculate that HKS pulled this trick on Anna, while she was alive. You could make a case by saying Howard drugged Anna up so she would sign anything he put in front of her. It worked for Pierce, but only for a while and he got found out, and he had a bunch of real smart lawyers helping him. If assets were drained, chances are they were drained before Anna died and not so much afterwards. Personally, I don’t think this ever happened, but if it did, it will be found out.
LOL.. I remembered that exact quote also. I laughed pretty hard when I heard it, I thought that she was giving a pretty honest answer, gave me an insight into her mind for a moment.
So you think that HOT SMOOCHIE LIPS received all of Anna’s monies from appearances, modeling, pictures, etc., BUT you also think that HOT SMOOCHIE LIPS is now defunct, and owned by someone totally disassociated with ANS??? Is that right?? So, Anna and HKS just ‘forfeited’ all of that money to some STRANGER bc of some back taxes???? Sorry, but I don’t think it works that way! If there are any assests (left) in Hot Smoochie Lips, you can BET that HKS is absolutely in POSSESSION of those assets!!! Assuming, of course, that he hasn’t already SPENT them on his attorneys!
I remember Howard saying that she hadn’t taken methadone in his presence during those 5 months. He didn’t say she didn’t use it at all, but said to his knowledge. It’s probably “lawyer-speak,” but you can’t say it’s a lie. If I felt like going back to look at the transcripts.....but I don’t. Maybe later. It’s late.
You seem to feel I have an opinion as to who is right here. Quite frankly, I have said on numerous occassions that I don't believe any of them and that the truth lies somewhere in the middle. The only innocent one is the baby, of course, and I make my analysis under the law in what I feel would be in her best interest.
It doesn't matter what WE feel the will says or if it's valid. The law again has to decide that. If the courts decide it's valid, Stern will be executor of that estate. Sorry to tell you this, but he apparently must feel it's going intestate according to his own actions.
If it goes intestate, Dannielynn inherits the estate. Stern wants SEPARATE administration of the estate; an agreement he has asked of Birkhead. Given his track record, we can expect to see, at the very least, a continuance of the fight in the Marshall matter. If that happens, it will be costly and could deplete the estate. If Dannielynn loses in the Marshall matter, she loses the money expended to litigate that issue.
If Virgie gets a legal guardianship, we can probably expect to see a wrongful death suit against Stern, at least, joined with Dannielynn.
I said before and I'll say it again, I anticipate that the courts will be making the ultimate decisions as to custody, guardianship and validation of the will. The reason is simple: These people will never agree.
Did you really post a picture of the Rose Hall house? That house has always fascinated me, a lot of history in those walls.
I was just going to say the exact same thing-LOL! Particularly now when I’ve been tossing and turning and stressed trying to figure out how to get my daughter through college! Had the same stress with son, but he left college at the start of his 3rd year and is paying on $26,000 in loans, and we have one for him,too. It’s just ridiculous.
Yeah, that sounds about right!! That “DO-GOODER” HKS has always been one to SPONSOR a person or group ‘with true talent’, hasn’t he?? I guess he didn’t have the same ‘faith’ in ANS’s talent, since ANS supported him for YEARS, and he still wanted a ‘cut’ of her earnings!!! Sad, isn’t it???
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